40-2-48
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40-2-48.
(a)
To ensure that the spirit and legacy of the 1996 Paralympic Games are continued
and to promote activities that financially benefit organizations in this state
which support or otherwise advance the causes of athletes with disabilities,
there shall be issued beginning in 1998 special license plates to promote the
United States Disabled Athletes Fund.
(b)
The commissioner shall prepare special distinctive license plates of a design
which shall include the image of Blaze, the mascot and symbol of the 1996
Paralympic Games, as a tribute to the triumph of the human spirit. The special
license plate must be of the same size and general design of general issue motor
vehicle license plates; such plates shall include a unique identifying number,
whereby the total characters do not exceed the sum of six, provided that no two
recipients receive identical plates. It shall not be a requirement that a county
name decal be affixed and displayed on license plates issued under this Code
section.
(c)
Beginning in calendar year 1998, any motor vehicle owner who is a resident of
Georgia, upon complying with the motor vehicle laws relating to registration and
licensing of motor vehicles and upon the payment of a manufacturing fee of
$25.00 in addition to the regular motor vehicle registration fee, shall be
issued such a special license plate within 30 days of application for such
special license plate. Special license plates issued under this Code section
shall be renewed annually with a revalidation decal as provided in Code Section
40-2-31 upon payment of an additional $25.00 annual registration fee, which fee
shall be collected by the county tag agent at the time of collection of other
registration fees and remitted to the state as provided in Code Section 40-2-34.
(d)
The commissioner shall retain all applications for such special license plates
until a minimum of 500 applications has been received. If the commissioner does
not receive the required minimum of 500 applications no later than July 31 of
the year preceding the year of issuance of such plates, no such special plates
shall be issued, and all fees shall be refunded to applicants. Such license
plates shall be issued in compliance with the state motor vehicle laws relating
to registration and licensing of motor vehicles as prescribed in this article.
(e)
Notwithstanding the foregoing provisions of this Code section, this Code section
shall not be implemented until such time as the State of Georgia has, through a
licensing agreement or otherwise, received such licenses or other permissions as
may be required for the use of the Blaze image or as may otherwise be necessary
or appropriate to implement this Code section. The commissioner is authorized,
on behalf of the state, to accept and execute the licensing agreements with the
United States Disabled Athletes Fund allowing the United States Disabled
Athletes Fund to be the beneficiary of and receive $25.00 of each such
manufacturing fee, provided that the state shall bear the cost of the
manufacture of each such license plate. The commissioner may charge fees, make
payments, take other actions, and agree to or impose terms and conditions which
might normally be envisioned in licensing and cross-licensing agreements for the
use of designs and similar intellectual property. Without limitation, the
commissioner may agree to allow to others the exclusive or nonexclusive use of
the design of the special license plate. The design of the special license
plate, excepting only any part of the design owned by others and licensed to the
state, shall be owned solely by the State of Georgia for its exclusive use and
control, except as authorized by the commissioner. The commissioner may take
such steps as may be necessary to give notice of and protect such right,
including the copyright. However, such steps shall be cumulative of the
ownership and exclusive use and control established by this subsection as a
matter of law and no person shall reproduce or otherwise use such design, except
as authorized by the commissioner.
(f)
The license plate issued pursuant to this Code section shall be transferred
between vehicles as provided in Code Section 40-2-80.